Online Banking Agreement
Note to Business Customers:
The following agreement does not apply to businesses. Please see the Cash Management Services Agreement you received at enrollment. You can obtain a copy of that agreement by calling us at (866) 353-1476.
This Agreement sets forth the terms and conditions of the online banking service ("Service") offered by Pacific Premier Bank. In this Agreement, "you" refers to each owner and authorized signer on the accounts that may be accessed through the Service. The terms "we," "us" and "Bank" refer to Pacific Premier Bank. This Agreement incorporates, supplements, and supersedes where inconsistent, the terms of your account agreement with us with respect to the Service. Your use of the Service will be deemed further evidence of your agreement to these terms. Unless otherwise specified, the times indicated in this Agreement are Pacific Time.
1. Our Service.
We offer three online Services:
- Online Account Access -- You can obtain information about your accounts and transactions, communicate with us, receive notifications about your account activity, stop payment on checks, view statements, and transfer funds between your designated accounts with us.
- Bill Payments -- You can make bill payments to others.
- People Pay Transfers -- You can send funds to other consumers.
2. Your Equipment.
In order to use the Service, you will need a computer with a working connection to the Internet. You also must have the browser and other equipment described in the Consent to Electronic Communications. You are responsible for the selection, installation, maintenance, and operation of your computer, software, and other equipment required for the Service. We are not responsible for any errors, failures, or malfunctions of your computer, software or other equipment required for the Service, or for any virus or related problems that may occur with your use of this Service. You are responsible for ensuring that your computer, software, and other equipment are compatible with our system. We reserve the right to change our system requirements from time to time. Note: Some browser software may store user names and security codes to facilitate the future use of a web site. For security reasons, you agree to disable this feature in your browser. Check your browser's "Help" screen for more information on this feature. If you are unable to connect to the Service for any reason, please contact us at (866) 353-1476.
3. Your Password.
You must establish with us one or more User IDs, Passwords and/or other means of identification and authentication (collectively, "Password") to access the Service. You are responsible for keeping the Password secure and confidential. Never place your Password on or near your computer. For security reasons, we may disable your Password if it is entered incorrectly several times. We may act on any Service instruction that is accompanied by your Password. You agree not to disclose your Password to anyone.
4. Your Accounts.
In order to use the Bill Payment or People Pay Service, you must have an eligible checking account with us. At our discretion, we may refuse to allow certain accounts to be linked to any Service.
5. Account Balance and Transaction Information.
You can use the Service to obtain account balance and transaction information anytime of the day, seven days a week, except when the system is unavailable for maintenance or other reasons. Please note that the information provided may not include recent transactions and may include funds that are not subject to immediate withdrawal.
You may make transfers between your eligible accounts with us. Transfers cannot be made from time deposit accounts.
Transfer requests (outside of our People Pay Service) which are received by us on or before the "cutoff hour" of 7:00 p.m. on business days will be posted that day (generally at the end of the day). Transfer requests received after the cutoff hour or on a weekend or holiday may be deemed received as of the next business day.
You can receive email or SMS text message alerts to notify you when certain events occur on your account. Alerts are triggered by the criteria you establish within the Service and may include events such as a low balance or failed transfer. You authorize us to send emails and SMS text messages for any alerts you establish to the email address and/or mobile phone number any of you provide to us. Your carrier's normal rates and fees, such as text messaging fees, will apply. You can cancel or change email or SMS text message alerts by deleting or changing your alert criteria at our online banking website. You also can initiate the opt-out process to stop receiving SMS text messages by following the process described in the "Use of SMS Messaging" section below.
Alerts that we send to you are not intended to replace your account statements or other communications and may be delayed or prevented by factors such as problems with your Internet service provider. We assume no liability for losses or damages arising from the non-delivery, delayed delivery, or misdelivery of alerts. We may add to, change, or discontinue the criteria used to trigger alerts at any time.
8. Stop Payment Requests.
You can use the Service to place a stop payment order (or cancel a stop payment order) on a paper check that you have written against your account. Your stop payment order must include the account number, check number, EXACT amount (dollars and cents), and check date. We will not be liable for paying a check over a stop payment order if the order is incomplete or incorrect. Stop payment orders received on a weekend, holiday, or after 5:00 p.m. on a business day may be deemed received by us as of the next business day. We must receive stop payment orders at a time and in a manner which affords us a reasonable opportunity to act upon them. Please see your account agreement for the terms related to stop payment orders. Stop payment orders are effective for six months.
If our on-line system is not available for any reason, you can contact us during our regular business hours at (866) 353-1476 for assistance.
9. Online Bill Payments.
You can use this Service to make payments to others from one or more of your designated checking accounts with us. If you link more than one checking account to the Service, you must specify which account you wish to use in making payments.
Eligible Payees. You may only designate payees and payee accounts located in the United States addresses. We reserve the right to determine who may be a payee.
Scheduling Online Bill Payments. You may instruct us to send a payment on any business day (the "Payment Send Date"), up to 365 days in advance. To initiate a payment, you must specify the person or business you are paying, the Payment Send Date, the amount to be paid, and (if you have one) your account number with the payee. The first time you request a payment to be made to a payee, you must also specify the payee's address and other information requested by the Service. You agree to provide us with reasonable advance notice of any change in payee information. We may modify the payee address to accommodate special processing requirements. We will provide an electronic confirmation number at the time that you set up each online bill payment.
Bill payments are processed only Monday through Friday. Any request made on a weekend, holiday, or after 1:00 p.m. on a business day may not be processed by us until the following business day. Payments may be sent to payees either as an electronic payment (for payees that can receive such payments) or as a check. Electronic payments will normally be received by the Payee within two business days after the Payment Send Date. Payments made by check may not be placed with the U.S. Postal Service until the business day following the Payment Send Date. Because it could take several days for a payee to receive a check through the U.S. mail, you should allow sufficient time for payments by check. You are responsible for scheduling payments to be made in a timely manner. Do not rely on any payment grace period. We are not responsible for delays that occur in the postal system or automated clearing house, or for any action or omission by a payee.
We may charge your account for electronic payments as early as the Payment Send Date and credit the funds to an omnibus account we use to process transactions. For payments made by check, your account will be charged when the check (i.e., demand draft) is presented to us for payment.
Initiating Automatic Recurring Payments. You may use the Service to make regularly recurring payments in the same amount to the same payee. Once your arrangements are set, we will send your payment automatically each month. If the Payment Send Date for an automatic payment falls on a weekend or holiday, the payment may be sent on the following business day.
Erroneous Payment Orders. You assume sole responsibility for accurately describing payees, payment amounts, payee addresses, and, if applicable, your account number with the payee. We are not responsible for confirming such information, or for monitoring or refusing to process duplicate payment instructions. If you give us a payment instruction that is incomplete, untimely, or incorrect in any way, you agree that we may charge your account for the payment whether or not the error could have been detected by us. We are not obligated to detect errors in your payment instructions.
Rejecting Payment Orders. We may reject payment orders with or without cause or prior notice. If we do, we may notify you of the rejection orally, electronically or in writing. We may reject a payment order, for example, if you do not have sufficient available funds to cover the payment or the payment order is unclear, ambiguous or incomplete. If we reject a payment, you will need to re-enter the information if you wish to make the payment at a later date.
Changing, Cancelling, and Stopping Payment Orders. You can cancel or change a payment request electronically by deleting or changing the payment instruction from the online payment screen. To do this, you must act before 1:00 p.m. of the Payment Send Date.
If you have told us in advance to make regular payments out of your account, you can cancel or change these payments by (1) deleting or changing your payment instructions electronically through the Service, (2) calling us at (866) 353-1476, or (3) writing to us at Pacific Premier Bank, Attn: Central Branch Support, P.O. Box 25171, Santa Ana, CA 92799-9810. To cancel or change your payment instructions by telephone or mail, we must receive your request at least three business days before the Payment Send Date. (Note: If you give us your request by telephone or mail and we do not receive it at least three business days prior to the Payment Send Date, we may attempt, at our sole discretion, to cancel the payment. We assume no responsibility for our failure or refusal to do so, even if we accept the request for processing.) If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. If we do not receive written confirmation within 14 days, we may treat your verbal instruction as no longer binding. If you order us to stop one of these payments at least three business days before the Payment Send Date and we do not do so, we will be liable for your losses or damages.
You may stop the payment of any outstanding bill payment check by calling us at (866) 353-1476 or by coming into our local branch office. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call (see our fee schedule for costs associated with stop payment orders). If we do not receive written confirmation within 14 days, we may treat your verbal stop payment order as no longer binding. We must receive your stop payment order at a time and in a manner which affords us a reasonable opportunity to act upon it. Stop payment orders are effective for six months.
10. People Pay Transfers.
You can use this Service to send funds from your designated Bank account to an account at another U.S. financial institution or receive transfers to your Bank account from other persons.
Sending Funds. You may instruct us to send funds from your Bank account to a recipient that you designate. There are two ways to send funds using this Service. If you know the recipient's account information (e.g., account number and bank routing number), you can instruct us to send funds directly to that account. If you do not know the recipient's account information, you can instruct us to send an email or SMS text message to the recipient, advising the recipient of the pending transaction and asking the recipient to provide the account and other information we need to complete the transfer. You authorize us to act as your agent and attorney-in-fact for the limited purpose of communicating with recipients regarding your transactions (e.g., by sending emails and/or SMS text messages on your behalf).
Although we may use any means to execute your instructions (e.g., wire transfer or check), we normally use the automated clearing house (ACH) to transfer funds. We may charge your account for the transfer amount as early as the day of your request and credit funds to an omnibus account that we use to process transactions. If you provide us with the recipient's account information and instruct us to send funds to that account, it may take up to two business days before funds are deposited to the recipient's account. If the transfer requires the recipient to respond to an email or SMS text message (e.g., to provide us with the information we need to complete the transfer), funds will generally be credited to the recipient's account within two business days of the date we receive all required information from the recipient. If the recipient fails to respond to the email or text message within 10 days or the transfer cannot be made for any other reason, we will notify you and return funds to your account.
The cutoff time for submitting transfer instructions is 5:55 p.m. Instructions received after the cutoff hour or on a non-business day may be processed by us on the next business day. Transactions scheduled to be processed on a weekend or holiday will be processed on the next business day. We will provide an electronic confirmation number at the time that you set up each transfer instruction.
Receiving Funds. If a sender instructs us to transfer funds to your account, you authorize us to deposit the funds to the Bank account you or the sender designates for that purpose and represent to us that you are the person intended by the sender to receive the funds. You authorize your senders, their institutions, and us to send emails and SMS text messages to you in connection with Service transactions at the email address or mobile phone number any of you provide to us or them. Your carrier's normal rates and fees, such as SMS text messaging fees, will apply. To stop receiving SMS messages you can initiate the opt-out process as outlined in the "Use of SMS Messaging" section below. As with sending funds, you acknowledge that there will be a delay between the time you are notified of a pending transfer and the date funds are deposited to your account and made available to you for withdrawal.
Erroneous Transfer Instructions. You assume sole responsibility for you and/or the recipient accurately describing transfer amounts, accounts, financial institutions, and addresses. We are not responsible for confirming such information, or for monitoring or refusing to process duplicate transfer instructions. If you give us a transfer instruction (or the recipient gives us information related to your instruction) that is incorrect in any way, you agree that we may charge your account for the transfer whether or not the error could have been detected by us. We are not obligated to detect errors in transfer instructions.
Rejecting Transactions. We may reject transfer instructions with or without cause or prior notice. If we do, we may notify you of the rejection orally, electronically or in writing. We may reject a transfer instruction, for example, if you do not have sufficient available funds to cover the transfer or the transfer instruction is unclear, ambiguous or incomplete. If we reject an instruction to transfer funds from your Bank account, you will need to re-enter the information if you wish to make the transfer at a later date. If we reject a transfer to your account, we will attempt to return the funds to the sender's account.
Not all types of accounts are eligible for this Service. Be sure to check with us and other financial institutions for restrictions regarding transfers to and from accounts (e.g., 401k, IRA, savings and money market accounts). We are not responsible for any costs or losses incurred from fund transfers that are not permitted under such restrictions by the account provider or those imposed by applicable law.
Cancelling and Changing Transfer Instructions. If you request a transfer that requires the recipient to claim the funds (e.g., where an email or SMS text message is sent to advise the recipient of the pending transaction and to claim the transfer), you may cancel or change the transfer by deleting your instruction from the online transfer screen any time before it is claimed by the recipient. After the transfer is claimed by the recipient, you do not have a right to cancel, change, or stop the transfer. If you provide the recipient's account information (e.g., account number and bank routing number) with your transfer request, you do not have a right to cancel, change, or stop the transfer after it is submitted to us.
Although we may attempt to act on any cancellation or stop request you make (e.g., if it is received in a time and manner which permits us to do so), we assume no responsibility for failing or refusing to do so, even if we could have effected the cancellation or stopped the transaction. Our acceptance of any cancellation or stop request will not obligate us to accept any future request for cancellation or to otherwise stop the transfer. You agree to indemnify, defend and hold us and our agents harmless from any loss, damage, claim, action, and liability that results, and any charges and costs we or our agents incur, in connection with any request by you to cancel or stop a transfer instruction.
11. Use of SMS Messaging.
You may receive SMS text messages relating to the Service, your account and transactions from time to time. In addition to the alerts you request, you authorize us to send emails and SMS text messages to you in connection with the Service, your accounts and transactions at any email address or mobile phone number any of you provide to us. Your carrier's normal rates and fees, such as text messaging fees, will apply. To stop receiving SMS messages you can initiate the opt-out process by sending an SMS text message. Just text "STOP" to this number: 79680. For help, text "HELP" to 79680.
12. No Warranties.
THE SERVICE IS MADE AVAILABLE ON AN "AS-IS" AND "AS AVAILABLE" BASIS. NEITHER WE NOR OUR VENDORS PROVIDE ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THIS SERVICE. ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED TO THE GREATEST EXTENT PERMITTED BY LAW. NEITHER WE NOR OUR VENDORS ASSUME ANY LIABILITY FOR THE UNAVAILABILITY OF THE SERVICE. THIS PROVISION SHALL NOT BE DEEMED TO LIMIT OUR OBLIGATIONS AS OTHERWISE SET FORTH IN THIS AGREEMENT OR AS REQUIRED BY LAW.
13. Hours of Operation; Service Unavailability.
You can access account information through the Service 7 days a week, 24 hours a day. The information may not reflect recent or pending transactions. There may be times when all or part of the Service is temporarily unavailable due to system outages, maintenance or technical difficulties, including those of the Internet service provider, cellular service provider, and software provider. We may suspend this Service immediately if we believe the security of the Service has been compromised or we question the legality of any transaction. We assume no responsibility for any damage or delay that may result from such unavailability.
15. Electronic Mail.
If you send us electronic mail ("e-mail"), we may not receive or review it immediately. We will have a reasonable time to act upon any e-mail request or notice, and reserve the right to reject any transaction or request received by e-mail. You acknowledge that, even though e-mail may be encrypted, we cannot ensure that it will not be intercepted or affected by the actions or omissions of others, such as third party networks or persons with access to the Internet. Our service providers and we assume no responsibility for viruses created by third parties, or for any third party's unauthorized access to, or use of, your computer system. Please do not include any sensitive information about yourself or your accounts in e-mail that is not encrypted and sent through a secure e-mail system.
We assume no responsibility for the accuracy or timeliness of information provided by, or retrieved from, other institutions or other parties to your transactions. You agree to provide us with prior written notice of any changes in your designated accounts with payees and other institutions that would affect our right or ability to process Service transfers or payments.
If a transfer or payment instruction identifies a payee or a bank by name and account or other identifying number, we and other financial institutions may process the transaction solely on the basis of the number, even if it identifies a different person or entity from what is indicated in the instruction. We have no obligation to identify and investigate discrepancies between names and numbers.
17. Business Days.
Our business days are Monday through Friday, excluding holidays.
We will send or make available to you a monthly deposit account statement unless there are no electronic fund transfers in a particular month. In any case, you will receive or have electronic access to a statement at least quarterly.
19. Service Fees.
There are no fees for accessing information about your accounts or paying bills through the Service. However, we may impose a charge for each transfer or payment that exceeds the transaction limitation we set for your account each statement period (see our fee schedule for excess Money Market or Savings Account transactions). We may also impose a charge for transfers or payments drawn on non-sufficient funds (see our fee schedule for NSF fees). We are not responsible for any fees that may be billed to you by your Internet or cellular service provider.
We reserve the right to limit the frequency and dollar amount of transfers and payments for security reasons. Payments and transfers may only be made to and from account in the United States, and only in U.S. dollars. Bill Payments may not exceed $5,000 per business day. If your transaction is scheduled to occur on a weekend, a holiday, or after our cutoff hour, we may determine your transaction limitations as if the transaction occurred on the following business day. People Pay transactions are limited to $750.00 per transaction and $1,500.00 per day. We may permit you to exceed these limits from time to time at our sole discretion, but may cease doing so at any time and without prior notice.
Payments and transfers from savings accounts and money market deposit accounts are limited by law and your account agreement with us. You may only make up to 6 withdrawals and/or transfers each month by check (for accounts with check privileges), preauthorized or automatic transfer (e.g., automatic payments to an insurance company), draft, point-of-sale debit card, telephone and/or online banking. We may refuse to permit a Service transaction at any time and without prior notice if we believe it may violate applicable law. See your account agreement for further details.
21. How to Notify Us of a Problem.
If you have a question about a Service transaction, believe your User ID or Password has been lost or stolen, or that someone has transferred or may transfer money from your account without your permission, call or write to your branch of account (the phone number and address are shown on your statement). You can also call us at (866) 353-1476 or write to us at Pacific Premier Bank, Attn: Central Branch Support, P.O. Box 25171, Santa Ana, CA 92799-9810.
22. Your Responsibility.
Tell us AT ONCE if you believe your Password has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within two business days, you can lose no more than $50 if someone used your Password without your permission. If you do NOT tell us within two business days after you learn of the loss or theft of your Password, and we can prove that we could have stopped someone from using your Password without your permission if you had told us, you could lose as much as $500. Also, if your statement shows bill payments or transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed or otherwise made available to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
23. Our Responsibility.
If we do not complete a transfer or send a payment from your account on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for example, if: (a) we process your payment or transfer in a timely manner, but the payee rejects your payment or fails to process it in a timely manner; (b) your account does not contain sufficient available funds to make the transfer or payment, or the transfer or payment would exceed the credit limit on any overdraft line you have with us; (c) the money in your account is subject to an uncollected funds hold, legal process or any other encumbrance or claim restricting the transfer or payment; (d) the payee or transaction information you supply to us is incorrect, incomplete or untimely; (e) the system was not working properly and you knew about the problem when you requested the transfer or payment; (f) circumstances beyond our control (such as fire, flood, viruses, computer breakdowns or telecommunication problems) or rolling blackouts prevent the transaction, despite reasonable precautions that we have taken; (g) you do not authorize a bill payment early enough for your payment to be made and properly credited by the payee by the time it is due; (h) a transfer or payment could not be completed due to the system's unavailability; or (i) you fail to follow our on-screen instructions properly. There may be other exceptions stated in our Agreement with you.
24. In Case of Errors or Questions about Your Transfers or Bill Payments.
Call or write to us at the number or address listed in Section 21 as soon as you can if you think your statement is wrong or if you need more information about a transaction listed on the statement. We must hear from you no later than 60 days after we sent or made available the FIRST statement on which the problem or error appeared. You must: (a) tell us your name and account number; (b) describe the error or the transaction you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information; and (c) tell us the dollar amount of the suspected error. For bill payments, it would be helpful if you also tell us the payee name, the date we charged your account, and the payee account number. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time that it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. For errors involving new accounts, we may take up to 90 days to investigate your complaint or question, and up to 20 business days to credit your account for the amount you think is in error.
We will tell you the results within 3 business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
25. Limitation on Time to Sue.
Unless otherwise required by law, an action or proceeding by you to enforce an obligation, duty or right arising under this Agreement or by law with respect to the Service must be commenced no later than one year after the day the cause of action accrues.
Except as otherwise set forth in this Agreement, you agree to indemnify, defend and hold us harmless from all claims, actions, proceedings, fines, costs and expenses (including, without limitation, attorney fees) related to or arising out of: (a) your actions and omissions in connection with your accounts or our Service, or (b) our actions and omissions, provided that they are taken/omitted in accordance with this Agreement or your instructions. This provision shall survive the termination of this Agreement.
27. Other Terms.
This Agreement incorporates, supplements and supersedes where inconsistent, the terms of your account agreement with us. Please see that agreement for other terms relating to this Service (e.g., waivers, dispute resolution, governing law, and overdrafts). You agree to comply with the Terms and Conditions found at our web site, as well as any Service guidelines and instructions set forth at that site. Unless we agree otherwise in a writing that specifically refers to this Agreement, this Agreement, our web site terms and conditions, and your account agreement contain all of the terms of our agreement with you with respect to the Service.
28. Change in Terms.
We may add to, delete from, or change the terms of this Agreement at any time by sending a notice to any of you at the mail or e-mail address shown in our records, by posting the notice or an amended Agreement on our web site, or by delivering it to you. You may choose not to accept the change by closing your account(s) or terminating this Agreement and your use of the Service.
Note: Some of our Services may not be available at all times. We may make additional Services or new features available from time to time.
We may terminate or suspend your access to all or part of the Service at any time, with or without cause. If you decide to cancel the Service, call us at (866) 353-1476 or write to us at: Pacific Premier Bank, Attn: Central Branch Support, P.O. Box 25171, Santa Ana, CA 92799-9810. Let us know if you have any outstanding scheduled or recurring bill payments or transfers that you also wish to cancel. Unless you advise us not to make such payments, you will be responsible for any payments we make following your notice of termination. We may refuse to make scheduled or recurring Service payments and/or transfers following termination of the Service. Any indemnification required by this Agreement shall survive its termination.
30. Business and Other Non-personal Accounts.
Our obligations set forth in Sections 23 and 24, and the limitations on customer liability set forth in Section 22 and in periodic statements, do not apply in the case of business or other non-personal accounts. The owners of those accounts must notify us immediately if they discover any unauthorized transactions or errors, and must send us a written notice of the problem within a reasonable time (not to exceed 14 days from the date of discovery or their receipt or the availability of the first statement or notice reflecting the problem, whichever occurs first). Under no circumstances will we be liable for any special or consequential damages involving such accounts. We may process any online instruction we believe is given by any of you if the instruction is accompanied by your Password, and you will be obligated for the transfer or payment, even if the instruction is not transmitted or authorized by you.